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Mark W. Batten

Mark Batten is a partner in the Labor & Employment Law Department and co-head of the Class & Collective Actions Group.

Mark represents employers nationwide at all stages of complex employment litigation, including class and collective actions on wage and hour matters and discrimination claims. Ranked by Chambers USA, Mark is hailed as “a fabulous lawyer, handling interesting and complex cases.” Clients “highly recommend him to anyone seeking litigation counsel in the Boston area,” as well as note “he is responsive, pragmatic and team-oriented, and offers excellent legal advice.”

The Supreme Court, not surprisingly, granted Wal-Mart’s petition for certiorari today, agreeing to review the 500,000-member class certification decision from the Ninth Circuit, which had held 6-5 that the class could be certified, even though, as Judge Kozinski wrote, the class members held a multitude of jobs, at different levels of Wal-Mart’s hierarchy, for variable … Continue Reading

Since the Supreme Court’s decisions in Iqbal and Twombly, which seemed to require greater “heft” in pleadings than the more liberal standard that went before, class action defense lawyers (and non-class action defenders, for that matter) have been testing the value of those decisions, with inconsistent results. Some courts have imposed little more burden on … Continue Reading

The post-oral-argument betting is that the Supreme Court will uphold California’s prohibition on class action waivers in arbitration agreements, in AT&T v. Concepcion — through some combination of conservative Justices concerned about protecting states’ rights and less conservative judges concerned about unconscionability.… Continue Reading

One of the most popular flavors of FLSA collective action these days is a claim by exempt employees claiming that they are not really exempt, and so are owed overtime. But those cases can be hard to certify, as the Second Circuit pointed out again Oct. 27 in Myers v. Hertz (PDF).… Continue Reading

On September 24, 2010, Justice Scalia granted a stay, pending a certiorari petition, of a $241 million judgment against Philip Morris brought in Louisiana state court by a class of Louisiana residents. Rejecting several arguments in favor of the stay, Justice Scalia found one persuasive: that defendants were denied due process because the individual class members were … Continue Reading

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